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Public Trust Doctrine

Public Trust Doctrine. Restraints on alienation by the government Illinois Central Railroad Co. v. Illinois (p. 35) Basis for government regulation of private property Just v. Marinette County (p. 38). Public Trust Issues. What assets are covered by the doctrine?

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Public Trust Doctrine

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  1. Public Trust Doctrine • Restraints on alienation by the government Illinois Central Railroad Co. v. Illinois (p. 35) • Basis for government regulation of private propertyJust v. Marinette County (p. 38)

  2. Public Trust Issues • What assets are covered by the doctrine? • To what uses can the assets be put? • Who can alienate (convey) a public trust asset and according to what procedures?

  3. Public Trust Assets • Great bodies of water (Illinois Central Railroad Co. v. Illinois ) • Parklands, wetlands, and wildlife(court additions/expansion of the doctrine) • Air, water, and natural resources(statutes and state constitutions)

  4. Acceptable AlienationNo Degradation • Public (not private) uses • Consistent with protecting asset • Enhancement or minimal diminution of asset • No public use destroyed or greatly impaired

  5. Who Can Alienate and How? • Minor alienation by agency, pursuant to rigorous procedures • Major alienation by agency or “remand to legislature” • Legislature

  6. Background Principles of Law:Public Trust Doctrine • Public rights predate all private rights. • Thus there can never be a successful claim of superior private rights over public rights.

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